Chapter 74.—STATE BOARDS, COMMISSIONS AND AUTHORITIES
PSYCHOLOGISTS
74-5301. Citation of act.
74-5302. Definitions.
74-5303. Repealed.
74-5304. Repealed.
74-5305. Repealed.
74-5306-5309. Repealed.
74-5310. Issuance of license; fee; qualifications.
74-5310a. Duplicate license.
74-5311. Certification of psychologists; examinations; fee.
74-5312. Same; waiver of examination.
74-5313. Same; extension of waiver of examination for veterans.
74-5314. Same; evidence of experience.
74-5315. Endorsement license.
74-5316. Temporary license .
74-5316a Out of state temporary permit
74-5317. Application; forms; certified psychologists deemed to be licensed.
74-5318. Biennial mailing of renewal application.
74-5319. Biennial renewal; fee.
74-5320. Penalty fee.
74-5321. Effect of failure to renew license.
74-5322. List of licensed psychologists.
74-5323. Privileged communication.
74-5324. Grounds for suspension, limitation, revocation or refusal to issue or renew license.
74-5325. Suspension for incapacity; hearing.
74-5326. Jurisdiction of proceedings; petition.
74-5327. Filing of petition.
74-5328. Prosecution of actions.
74-5329. Repealed.
74-5330. Repealed.
74-5331. Service of petition.
74-5331a. Repealed.
74-5332. Notice and hearing on suspension or revocation of license.
74-5333. Revoked or suspended license; practice prohibited.
74-5334. Failure to appear; evidence; order.
74-5335. Costs; witness fees.
74-5336. Same; costs uncollectible, paid by board.
74-5337. Judicial review of board's actions.
74-5338. Same; bond.
74-5339. Reinstatement of license; fee.
74-5340. Violations.
74-5341. Violations; penalties.
74-5342. Same; prosecutions by attorney general and county attorney.
74-5343. Same; use of injunctions.
74-5344. Construction of act.
74-5345. Repealed.
74-5346. Repealed.
74-5347. Invalidity of part.
74-5348. References to certified psychologists deemed to apply to licensed psychologists.
74-5349. Establishment of specialties within practice of psychology authorized; rules and regulations; standards; fees; unlawful acts.
74-5350. Disclosure.
74-5301. Citation of act.
This act shall be known and may be cited as the licensure of psychologists act of the state of Kansas.
History: L. 1967, ch. 432, § 1; L. 1986, ch. 299, § 13; June 1.
74-5302. Definitions.
For the purpose of this act the following definitions shall apply:
(a) "Practice of psychology'' means the application of established principles of learning, motivation, perception, thinking and
emotional relationships to problems of behavior adjustment, group relations and behavior modification, by persons trained in
psychology. The application of such principles includes, but is not restricted to, counseling and the use of psychological
remedial measures with persons, in groups or individually, having adjustment or emotional problems in the areas of work,
family, school and personal relationships; measuring and testing personality, intelligence, aptitudes, public opinion, attitudes
and skills; the teaching of such subject matter; and the conducting of research on problems relating to human behavior,
except that in all cases involving the care of the sick and ill as defined by the laws of this state, the primary responsibility
devolves upon those licensed under the Kansas healing arts act. The practice of psychology includes the diagnosis and
treatment of mental disorders specified in the edition of the diagnostic and statistical manual of mental disorders of the
American psychiatric association designated by the board by rules and regulations. If a licensed psychologist cannot make an
independent diagnosis of a mental disorder, such psychologist shall consult with the client's primary care physician or
psychiatrist to determine if there may be a medical condition or medication that may be causing or contributing to the client's
symptoms of a mental disorder. A client may request in writing that such consultation be waived and such request shall be
made a part of the client's record. A licensed psychologist may continue to evaluate and treat the client until such time that the
medical consultation is obtained or waived.
(b) "Represents oneself to be a psychologist'' means that a person engages in the practice of psychology for a fee, monetary
or otherwise, or holds oneself out to the public by any title or description of services incorporating the word "psychologic,''
"psychological,'' "psychologist'' or "psychology'' and under such title or description offers to render or renders services to
individuals, corporations or the public for a fee, monetary or otherwise.
(c) "Board'' means the behavioral sciences regulatory board created by K.S.A. 74-7501 and amendments thereto.
(d) "License'' means a license as a psychologist issued by the board.
(e) "Licensed psychologist'' means a person licensed by the board under the provisions of this act.
History: L. 1967, ch. 432, § 2; L. 1980, ch. 242, § 11; L. 1986, ch. 299, § 14; L. 1999, ch. 117, § 25; July 1, 2000
74-5303. Repealed.
History: L. 1967, ch. 432, § 3; L. 1978, ch. 308, § 67; Repealed, L. 1980, ch. 242, § 29; July 1.
74-5304. Repealed.
History: L. 1967, ch. 432, § 4; Repealed, L. 1980, ch. 242, § 29; July 1.
74-5305. Repealed.
History: L. 1967, ch. 432, § 5; L. 1974, ch. 348, § 77; Repealed, L. 1980, ch. 242, § 29; July 1.
74-5306-5309. Repealed.
History: L. 1967, ch. 432, §§ 6 to 9; Repealed, L. 1980, ch. 242, § 29; July 1.
74-5310. Issuance of license; fee; qualifications.
(a) The board shall issue a license as a psychologist to any person who pays an application fee prescribed by the board, not
in excess of $150 and an original license fee not in excess of $200, which shall not be refunded, who either satisfies the
board as to such person's training and experience after a thorough review of such person's credentials and who passes a
satisfactory examination in psychology. Any person paying the fee must also submit evidence verified by oath and satisfactory
to the board that such person:
(1) Is at least 21 years of age;
(2) is of good moral character;
(3) has received the doctor's degree based on a program of studies in content primarily psychological from an educational
institution having a graduate program with standards consistent with those of the state universities of Kansas, or the
substantial equivalent of such program in both subject matter and extent of training; and
(4) has had at least two years of supervised experience, a significant portion of which shall have been spent in rendering
psychological services satisfying the board's approved standards for the psychological service concerned.
(b) The board shall adopt rules and regulations establishing the criteria which an educational institution shall satisfy in
meeting the requirements established under item (3) of subsection (a). The board may send a questionnaire developed by the
board to any educational institution for which the board does not have sufficient information to determine whether the
educational institution meets the requirements of item (3) of subsection (a) and rules and regulations adopted under this
section. The questionnaire providing the necessary information shall be completed and returned to the board in order for the
educational institution to be considered for approval. The board may contract with investigative agencies, commissions or
consultants to assist the board in obtaining information about educational institutions. In entering such contracts the authority
to approve educational institutions shall remain solely with the board.
History: L. 1967, ch. 432, § 10; L. 1969, ch. 393, § 1; L. 1972, ch. 309, § 1; L. 1986, ch. 299, § 15; L. 1988, ch.
243, § 15; L. 1990, ch. 286, § 3; L. 1996, ch. 153, § 29; Jan. 1, 1997.
74-5310a. Duplicate license.
In case of a lost or destroyed license of a psychologist, and upon satisfactory proof of the loss or destruction thereof, the
behavioral sciences regulatory board may issue a duplicate, charging a fee not in excess of $20 for such duplicate license.
History: L. 1982, ch. 372, § 1; L. 1986, ch. 299, § 16; June 1.
74-5311. Certification of psychologists; examinations; fee.
Examinations for applicants under this act shall be held by the board from time to time but not less than once each year. The
board shall adopt rules and regulations governing the subject, scope, and form of the examinations or shall contract with a
national testing service to provide an examination approved by the board. The board shall prescribe an initial examination fee
not to exceed $350. If an applicant fails the first examination, such applicant may be admitted to any subsequent examination
upon payment of an additional fee prescribed by the board not to exceed $350. The examination fees prescribed by the
board under this section shall be fixed by rules and regulations of the board.
History: L. 1967, ch. 432, § 11; L. 1972, ch. 309, § 2; L. 1977, ch. 277, § 1; L. 1981, ch. 352, § 3; L. 1984, ch. 291,
§ 1; L. 1990, ch. 286, § 4; L. 1993, ch. 19, § 2; March 25.
74-5312. Same; waiver of examination.
Until July 1, 1969, the board may waive the examination requirements and may grant a certificate upon payment of a fee
prescribed by the board not in excess of one hundred dollars ($100) to any person who is a legal resident of or has been
principally employed in the state of Kansas for at least two (2) years immediately prior to the time of application and who
meets the requirements of subsections (a) and (b) of K.S.A. 74-5310 and who either:
(a) Has a doctor's degree or equivalent thereof from an institution with educational standards consistent with those of the
state universities of Kansas, and which degree or equivalent was based primarily on a course of study in the field of
psychology, or the substantial equivalent thereof in both subject matter and extent of training, and in addition has had five (5)
years of professional experience satisfactory to the board; or
(b) has a master's degree or the equivalent thereof from an institution with educational standards consistent with those of
the state universities of Kansas, and which degree or equivalent was based primarily on a course of study in the field of
psychology, or the substantial equivalent thereof in both subject matter and extent of training, and in addition has had six (6)
years of professional experience satisfactory to the board; or,
(c) was, on the effective date of this act, designated a certified psychologist by the board of examiners of the Kansas
psychological association, inc., under the procedures and standards for the certification of psychologists.
History: L. 1967, ch. 432, § 12; L. 1972, ch. 309, § 3; March 23.
74-5313. Same; extension of waiver of examination for veterans.
In the case of a person who is an honorably discharged veteran of the armed forces of the United States, the effective date
for meeting the requirements for waiver of examination set forth in K.S.A. 74-5312 is extended to July 1, 1970.
History: L. 1967, ch. 432, § 13; July 1.
74-5314. Same; evidence of experience.
In determining the acceptability of the applicant's professional experience, the board may require such documentary evidence
of the quality, scope and nature of the applicant's experience as it deems necessary. The determination of the board in
respect to experience shall be subject to review, at the request of the applicant, in accordance with regulations and
procedures which the board shall establish.
History: L. 1967, ch. 432, § 14; July 1.
74-5315. Endorsement license.
(a)The board may grant a license to any person who, at the time of application, is registered, certified or licensed as a
psychologist at the doctoral level in another jurisdiction if the board determines that:
(1) the requirements of such jurisdiction for such certification or licensure are substantially equivalent of the requirements of
this state; or
(2)the applicant demonstrates on forms provided by the board compliance with the following standards as adopted by the
board;
(A) continuous registration, certification or licensure as a psychologist at the doctoral level during the five years immediately
preceeding the application with at least the minimum professional experience as established by rules and regulations of the
board;
(B) the absence of disciplinary actions of a serious nature brought by a registration, certification or licensing board or
agency; and
(C) a doctoral degree in psychology from a regionally accredited university or college.
(b) An applicant for a license under this section shall pay an application fee established by the board under K.S.A. 65-5310
and amendments thereto.
History: L. 1967, ch. 432, § 15; L. 1986, ch. 299, § 17; June 1, L. 2003, ch. 129 § 5, July 1.
74-5316. Temporary license.
(a) Upon application, the board may issue temporary licenses to persons who have met all qualifications for licensure under
provisions of the licensure of psychologists act of the state of Kansas, except passage of the required examination, pursuant
to K.S.A. 74-5310, and amendments thereto, who must wait for completion of the next examination, who have paid the
required application, examination and temporary license fees and who have submitted documentation as required by the
board, under the following:
(1) The temporary license shall expire upon receipt and recording of the temporary licensee's second examination score by
the board if such temporary licensee fails the examination after two attempts or upon the date the board issues or denies the
temporary licensee a license to practice psychology if such temporary licensee passes the examination;
(2) such temporary licensee shall take the next license examination subsequent to the date of issuance of the temporary
license unless there are extenuating circumstances approved by the board;
(3) the board shall adopt rules and regulations prescribing continuing education requirements for temporary licensees,
including, but not limited to, a requirement that temporary licensees shall complete a minimum of 25 contact hours of
continuing education during the two-year period of temporary licensure, which shall include a minimum of three hours in
psychology ethics;
(4) no person may work under a temporary license except under the supervision of a licensed psychologist as prescribed in
rules and regulations adopted by the board; and
(5) the fee for such temporary license shall be fixed by rules and regulations adopted by the board and shall not exceed
$200.
(b) Upon application, the board may issue temporary licenses not to exceed two years to persons who have met all
qualifications for licensure under provisions of such act, except completion of the postdoctoral supervised work experience
pursuant to subsection (a)(4) of K.S.A. 74-5310, and amendments thereto, who have paid the required application and
temporary license fees and who have submitted documentation as required by the board, under the following:
(1) The temporary license shall expire at the end of the two-year period after issuance or if such temporary licensee is
denied a license to practice psychology;
(2) the temporary license may be renewed for one additional two-year period after expiration;
(3) temporary licensees shall take the license examination pursuant to subsection (a)(4) of K.S.A. 74-5310, and
amendments thereto, subsequent to the date of issuance and prior to expiration of the temporary license unless there are
extenuating circumstances approved by the board;
(4) temporary licensees shall be working toward the completion of the postdoctoral supervised work experience prescribed
in subsection (a)(4) of K.S.A. 74-5310, and amendments thereto;
(5) the board shall adopt rules and regulations prescribing continuing education requirements for temporary licensees,
including, but not limited to, a requirement that temporary licensees shall complete a minimum of 25 contact hours of
continuing education during the two-year period of temporary licensure, which shall include a minimum of three hours in
psychology ethics;
(6) no temporary licensee may work under a temporary license except under the supervision of a licensed psychologist as
prescribed in rules and regulations adopted by the board; and
(7) the fee for a renewal of the temporary license shall be fixed by rules and regulations adopted by the board and shall not
exceed $200 per issuance.
(c) A person practicing psychology with a temporary license may not use the title "licensed psychologist" or the initials "LP"
independently. The word "licensed" may be used only when preceded by the word "temporary" such as temporary licensed
psychologist, or the initials "TLP".
(d) This section shall be part of and supplemental to the provisions of article 53 of chapter 74 of the Kansas Statutes
Annotated, and amendments thereto.
(e) As used in this section, "temporary licensee" means any person practicing psychology with a temporary license pursuant
to subsection (b) or (c) of this section.
74-5316a. Out of state temporary permit
(a) Upon written application and board approval, an individual who is licensed to engage in the independent practice of
psychology in another jurisdiction and who is in good standing in that other jurisdiction may engage in the independent
practice of psychology as provided by K.S.A. 74-5301 et seq., and amendments thereto, in this state for no more than 15
days per year upon receipt of a temporary permit to practice issued by the board.
(b) Any psychology services rendered within any 24-hour period shall count as one entire day of psychology services.
(c) The temporary permit to practice shall be effective on the date of approval by the board and shall expire December 31
of that year. Upon written application and for good cause shown, the board may extend the temporary permit to practice no
more than 15 additional days.
(d) The board may charge a fee of a maximum of $200 for a temporary permit to practice and a fee of a maximum of $200
for an extension of a temporary permit to practice as established by rules and regulations of the board.
(e) A person who holds a temporary permit to practice psychology in this state shall be deemed to have submitted to the
jurisdiction of the board and shall be bound by the statutes and regulations that govern the practice of psychology in this
state.
(f) In accordance with the Kansas administrative procedures act, the board may issue a cease and desist order or assess a
fine of up to $1,000 per day, or both, against a person licensed in another jurisdiction who engages in the independent
practice of psychology in this state without complying with the provisions of this section.
(g) This section shall be part of and supplemental to the licensure of psychologists act.
74-5317. Application; forms; certified psychologists deemed to be licensed.
(a) Whoever desires to obtain a license shall apply to the board in writing, on forms prepared and furnished by the board.
Each application shall contain proof of the particular qualifications required of the applicant, shall be verified by the applicant
under oath or affirmation and shall be accompanied by the required fee.
(b) Every certified psychologist holding a valid certificate of registration as a psychologist in effect on the day preceding the
effective date of this act shall be deemed to be a licensed psychologist under this act, and such person shall not be required
to file an original application hereunder for a license.
History: L. 1967, ch. 432, § 17; L. 1986, ch. 299, § 19; June 1.
74-5318. Biennial mailing of renewal application.
On or before the first day of April of alternate years, the board shall mail to every psychologist licensed in Kansas, an
application blank for renewal, which shall contain space for insertion of information as required for the application blank
under K.S.A. 74-5317 and amendments thereto, addressing the same to the post office address given at the last previous
renewal. In addition, the application for renewal shall be accompanied by evidence satisfactory to the board that the
applicant has completed, during the previous 24 months, the continuing education required by rules and regulations of the
board. As part of such continuing education, a licensed psychologist shall complete not less than six continuing education
hours relating to diagnosis and treatment of mental disorders and not less than three continuing education hours of
professional ethics.
History: L. 1967, ch. 432, § 18; L. 1986, ch. 299, § 20; L. 1999, ch. 117, § 27; July 1, 2000.
74-5319. Biennial renewal; fee.
Upon receipt of such application blank, a licensee shall fill out, sign and forward the application to the board, together with a
renewal fee fixed by rules and regulations of the board of not to exceed $200. Upon receipt of such application and fee, the
board shall issue a renewal license for the period commencing on the date on which the license is issued and expiring on June
30 of the next even-numbered year. Initial licenses shall thus be for the current biennium of registration.
History: L. 1967, ch. 432, § 19; L. 1972, ch. 309, § 4; L. 1984, ch. 291, § 2; L. 1986, ch. 299, § 21; June 1.
74-5320. Penalty fee.
Applications for renewal of license must be made biennially on or before the first day of July and if not so made an additional
fee equal to the renewal fee shall be added to the regular renewal fee.
History: L. 1967, ch. 432, § 20; L. 1986, ch. 299, § 22; L. 1996, ch. 153, § 30; Jan. 1, 1997.
74-5321. Effect of failure to renew license.
Should any psychologist who has failed to renew a license continue to represent oneself as a psychologist beyond November
1, thereafter such psychologist shall be in violation of this act and the psychologist's license may be suspended or revoked by
the board in accordance with the provisions of K.S.A. 74-5324 and amendments thereto.
History: L. 1967, ch. 432, § 21; L. 1986, ch. 299, § 23; June 1.
74-5322. List of licensed psychologists.
Upon November 1 of each year, or within 20 days thereafter, the board shall publish and cause to be mailed to each
psychologist licensed under this act in Kansas, a list of duly licensed psychologists in this state. The annual listing will be
contingent upon the payment of all fees due, including the renewal fee.
History: L. 1967, ch. 432, § 22; L. 1986, ch. 299, § 24; June 1.
74-5323. Privileged communication.
(a)The confidential relations and communications between a licensed psychologist and the psychologist's client are placed
on the same basis as provided by law for those between an attorney and the attorney's client. Except as provided in
subsection (b), nothing in this act shall be construed to require such privileged communications to be disclosed.
(b) Nothing in this section or in this act shall be construed to prohibit any licensed psychologist from testifying in court
hearings concerning matters of adult abuse, adoption, child abuse, child neglect, or other matters pertaining to the welfare of
children or from seeking collaboration or consultation with professional colleagues or administrative superiors, or both, on
behalf of a client. There is no privilege under this section for information which is required to be reported to a public official.
History: L. 1967, ch. 432, § 23; L. 1986, ch. 299, § 25; L. 1999, ch. 117, § 28; July 1, 2000.
74-5324. Grounds for suspension, limitation, revocation or refusal to issue or renew license.
The board may suspend, limit, revoke, condition or refuse to issue or renew a license of any psychologist upon proof that the
psychologist:
(a) Has been convicted of a felony involving moral turpitude; or
(b) has been guilty of fraud or deceit in connection with services rendered as a psychologist or in establishing qualifications
under this act; or
(c) has aided or abetted a person, not a licensed psychologist, in representing such person as a psychologist in this state; or
(d) has been guilty of unprofessional conduct as defined by rules and regulations established by the board; or
(e) has been guilty of negligence or wrongful actions in the performance of duties; or
(f) has knowingly submitted a misleading, deceptive, untrue or fraudulent misrepresentation on a claim form, bill or statement
or
(g) has had a registration, license or certificate as a psychologist revoked, suspended or limited, or has had other
disciplinary action taken, or an application for registration, license or certificate denied, by the proper regulatory authority of
another state, territory, District of Columbia or another country, a certified copy of the record of the action of the other
jurisdiction being conclusive evidence thereof.
History: L. 1967, ch. 432, § 24; L. 1986, ch. 299, § 26; L. 1986, ch. 234, § 6; L. 1988, ch. 304, § 1; July 1, L. 2004 ch.
16, § 3; July 1, 2004.
74-5325. Suspension for incapacity; hearing.
After a hearing in accordance with the provisions of the Kansas administrative procedure act, the board may suspend the
license of any psychologist for a period not to exceed one year on evidence that the psychologist is incapable of performing
duties in the best interest of the public. If at the end of one year of continuous suspension, evidence is presented that the
incapacity remains, the suspension may be continued for a period of one year.
History: L. 1967, ch. 432, § 25; L. 1986, ch. 299, § 27; L. 1988, ch. 356, § 292; July 1, 1989.
74-5326. Jurisdiction of proceedings; petition.
The board shall have jurisdiction of the proceedings to revoke or suspend the license of any psychologist licensed under this
act. The petition for the revocation or suspension of a license may be filed:
(a) By the attorney general in all cases;
(b) by the county attorney of the county in which the licensed psychologist resides or has practiced; or
(c) an attorney employed by the board. The petition shall be filed in the office of the secretary of the board.
History: L. 1967, ch. 432, § 26; L. 1986, ch. 299, § 28; June 1.
74-5327. Filing of petition.
The board may direct the attorney general, the county attorney or its attorney to file such petition against the licensed
psychologist upon its own motion, or it may give such direction upon the sworn statement of some person who resides in the
county where the licensed psychologist practices.
History: L. 1967, ch. 432, § 27; L. 1986, ch. 299, § 29; June 1.
74-5328. Prosecution of actions.
The attorney general shall comply with such directions of the board and prosecute the action on behalf of the state, but the
county attorney of any county where a licensed psychologist has practiced, at the request of the attorney general, or of the
board, shall appear and prosecute such action.
History: L. 1967, ch. 432, § 28; L. 1986, ch. 299, § 30; June 1.
74-5329. Repealed.
History: L. 1967, ch. 432, § 29; L. 1986, ch. 299, § 31; Repealed, L. 1989, ch. 276, § 7; July 1.
74-5330. Repealed.
History: L. 1967, ch. 432, § 30; L. 1980, ch. 242, § 12; Repealed, L. 1988, ch. 304, § 11; July 1.
74-5331. Service of petition.
Notice of the filing of such petition, together with a copy thereof, and of the time and place of the hearing, shall be served
upon the licensed psychologist at least 20 days before the hearing.
History: L. 1967, ch. 432, § 31; L. 1980, ch. 242, § 13; L. 1986, ch. 299, § 32; L. 1988, ch. 356, § 293; July 1, 1989.
74-5331a. Repealed.
History: L. 1967, ch. 432, § 31; L. 1980, ch. 242, § 13; L. 1986, ch. 299, § 32; Repealed, L. 1989, ch. 276, § 7; July 1.
74-5332. Notice and hearing on suspension or revocation of license.
No license of any psychologist shall be suspended or revoked until after notice and opportunity for hearing in accordance
with the provisions of the Kansas administrative procedure act.
History: L. 1967, ch. 432, § 32; L. 1984, ch. 313, § 136; L. 1986, ch. 299, § 33; June 1.
74-5333. Revoked or suspended license; practice prohibited.
No licensed psychologist shall engage in practice after the psychologist's license is revoked or during the time for which it is
suspended.
History: L. 1967, ch. 432, § 33; L. 1984, ch. 313, § 137; L. 1986, ch. 299, § 34; June 1.
74-5334. Failure to appear; evidence; order.
In case the licensed psychologist fails to appear, either in person or by counsel, at the time and place designated in the
notice, the board after receiving satisfactory evidence of the truth of the charges, shall order the license revoked or
suspended as it may determine.
History: L. 1967, ch. 432, § 34; L. 1986, ch. 299, § 35; June 1.
74-5335. Costs; witness fees.
If the order is adverse to the licensed psychologist, the costs shall be charged to such psychologist as in ordinary civil actions
in the district court, but if the board is the unsuccessful party, the costs shall be paid out of any money in the state treasury to
the credit of the board. Witness fees and costs may be taxed according to the statutes prevailing in the district courts.
History: L. 1967, ch. 432, § 35; L. 1986, ch. 299, § 36; June 1.
74-5336. Same; costs uncollectible, paid by board.
All costs accrued at the instance of the state, when it is the successful party, and which the attorney general certifies cannot
be collected from the defendant, shall be paid out of any available funds in the state treasury to the credit of the board.
History: L. 1967, ch. 432, § 36; July 1.
74-5337. Judicial review of board's actions.
Any action of the board upon a hearing pursuant to K.S.A. 74-5330 and amendments thereto is subject to review in
accordance with the act for judicial review and civil enforcement of agency actions.
History: L. 1967, ch. 432, § 37; L. 1980, ch. 242, § 14; L. 1986, ch. 299, § 37; L. 1986, ch. 318, § 133; July 1.
74-5338. Same; bond.
On review, the only bond required shall be one running to the state, in an amount to be fixed by the court for the payment of
the costs both before the board and in the district court. The bond shall be approved by the clerk of the district court. The
giving of such bond shall not operate to stay the order of the board or restore the right of the psychologist to practice pending
such review.
History: L. 1967, ch. 432, § 38; L. 1986, ch. 318, § 134; July 1.
74-5339. Reinstatement of license; fee.
After one year from the date of a revocation of a license, an application for reinstatement may be made to the board, and it
may order such reinstatement. The board shall prescribe by rules and regulations a reinstatement fee of not to exceed $200.
History: L. 1967, ch. 432, § 39; L. 1975, ch. 415, § 1; L. 1977, ch. 277, § 2; L. 1984, ch. 291, § 3; L. 1986, ch. 299,
§ 38; June 1.
74-5340. Violations.
It shall be unlawful, without a valid, existing license as a psychologist issued by the board for any person to represent oneself
to be a psychologist as defined in K.S.A. 74-5302 and amendments thereto.
History: L. 1967, ch. 432, § 40; L. 1986, ch. 299, § 39; June 1.
74-5341. Violations; penalties.
Except as provided in K.S.A. 74-5344 and amendments thereto, any person who violates K.S.A. 74-5340 and
amendments thereto or subsection (c) of K.S.A. 74-5349 shall be guilty of a class A misdemeanor.
History: L. 1967, ch. 432, § 41; L. 1986, ch. 300, § 2; July 1.
74-5342. Same; prosecutions by attorney general and county attorney.
The attorney general shall comply with such directions of the board and prosecute said action on behalf of the state, but the
county attorney of any county where a psychologist has practiced, at the request of the attorney general or of the board, shall
appear and prosecute such action.
History: L. 1967, ch. 432, § 42; July 1.
74-5343. Same; use of injunctions.
Whenever in the judgment of the board any person has engaged, or is about to engage, in any acts or practices which
constitute, or will constitute, a violation of this act, or any valid rule or regulation of the board, the board may make
application to any court of competent jurisdiction for an order enjoining such acts or practices, and upon a showing by the
board that such person has engaged, or is about to engage in any such acts or practices, an injunction, restraining order, or
such other order as may be appropriate shall be granted by such court without bond.
History: L. 1967, ch. 432, § 43; July 1.
74-5344. Construction of act.
Nothing contained in the licensure of psychologists act of the state of Kansas shall be construed:
a) To prevent qualified members of other professional groups such as, but not limited to, ministers, Christian Science
practitioners, social workers and sociologists from doing work of a psychological nature consistent with their training and
consistent with any code of ethics of their respective professions so long as they do not hold themselves out to the public by
any title or description of services incorporating the words “psychologic,” “psychological,” “psychologist” or “psychology”;
(b) in any way to restrict any person from carrying on any of the aforesaid activities in the free expression or exchange of
ideas concerning the practice of psychology, the application of its principles, the teaching of such subject matter and the
conducting of research on problems relating to human behavior if such person does not represent such person or such
person's services in any manner prohibited by such act;
(c) to limit the practice of psychology of a licensed masters level psychologist or a person who holds a temporary license to
practice as a licensed masters level psychologist insofar as such practice is a part of the duties of any such person's salaried
position, and insofar as such practice is performed solely on behalf of such person's employer or insofar as such person is
engaged in public speaking with or without remuneration;
(d) to limit the practice of psychology or services of a student, intern or resident in psychology pursuing a degree in
psychology in a school, college, university or other institution, with educational standards consistent with those of the state
universities of Kansas if such practice or services are supervised as a part of such person's degree program. Nothing
contained in this section shall be construed as permitting such persons to offer their services as psychologists to any other
person and to accept remuneration for such psychological services other than as specifically excepted herein, unless they
have been licensed under the provisions of the licensure of psychologists act of the state of Kansas, registered under the
provisions of K.S.A. 74-5361 to 74-5371, inclusive, and amendments thereto or granted a temporary license under the
provisions of K.S.A. 74-5367 and amendments thereto;
(e) to prevent the employment, by a person, association, partnership or a corporation furnishing psychological services for
remuneration, of persons licensed as psychologists under the provisions of the licensure of psychologists act of the state of
Kansas,
(f) to restrict the use of tools, tests, instruments or techniques usually denominated ``psychological'' so long as the user does
not represent oneself to be a licensed psychologist or a licensed masters level psychologist;
(g) to permit persons licensed as psychologists to engage in the practice of medicine as defined in the laws of this state, nor
to require such licensed psychologists to comply with the Kansas healing arts act;
(h) to restrict the use of the term “social psychologist” by any person who has received a doctoral degree in sociology or
social psychology from an institution whose credits in sociology or social psychology are acceptable by a school or college as
defined in the licensure of psychologists act of the state of Kansas, and who has passed comprehensive examination in the
field of social psychology as a part of the requirements for the doctoral degree or has had equivalent specialized training in
social psychology;
(i) to restrict the practice of psychology by a person who is certified as a school psychologist by the state department of
education so long as such practice is conducted as a part of the duties of employment by a unified school district or as part of
an independent evaluation conducted in accordance with K.S.A. 72-963 and amendments thereto, including the use of the
term "school psychologist" by such person in conjunction with such practice; or
(j) to restrict the use of the term psychologist or the practice of psychology by psychologists not licensed under the
licensure of psychologists act of the state of Kansas in institutions for the mentally retarded, in a juvenile correctional facility,
as defined in K.S.A. 38-1602, and amendments thereto, or in institutions within the department of corrections insofar as such
term is used or such practice of psychology is performed solely in conjunction with such person's employment by any such
institution or juvenile correctional facility.
(k) Any person not licensed as a psychologist but who immediately prior to the effective date of this act was engaged in the
practice of psychology in accordance with subsection (e) as it existed immediately prior to the effective date of this act under
the supervision of a licensed psychologist may continue on and after the effective date of this act to engage in such practice in
the manner authorized by subsection (e) as it existed immediately prior to the effective date of this act.
History: L. 1967, ch. 432, § 44; L. 1980, ch. 242, § 28; L. 1986, ch. 299, § 40; L. 1987, ch. 306, § 12; L. 1988, ch.
304, § 10; L. 1997, ch. 142, § 8; L. 1997, ch. 142, § 9; L. 1999, ch. 108, § 6; L. 2003, ch. 72, § 4; L. 2004, ch.
19 § 1; July 1, 2004.
74-5345. Repealed.
History: L. 1967, ch. 432, § 45; L. 2007, ch.13, § 9; July 1.
74-5346. Repealed.
History: L. 1967, ch. 432, § 46; L. 1973, ch. 309, § 39; Repealed, L. 1980, ch. 242, § 29; July 1.
74-5347. Invalidity of part.
If any provision of this act or the application thereof to any person or circumstances is held invalid, the invalidity shall not
affect other provisions or applications of the act which can be given effect without the invalid provision or application, and to
this end the provisions of this act are severable.
History: L. 1967, ch. 432, § 47; July 1.
74-5348. References to certified psychologists deemed to apply to licensed psychologists.
(a) Whenever certified psychologist, or words of like effect, is referred to or designated by a statute, rule and regulation,
contract or other document in reference to a psychologist certified under the certification of psychologists act of the state of
Kansas, such reference or designation shall be deemed to apply to a licensed psychologist under the licensure of
psychologists act of the state of Kansas.
(b)This section shall be part of and supplemental to the licensure of psychologists act of the state of Kansas.
History: L. 1986, ch. 299, § 43; June 1.
74-5349. Establishment of specialties within practice of psychology authorized; rules and regulations; standards;
fees; unlawful acts.
(a) In accordance with the provisions of this section, the board may establish specialties within the practice of psychology
and provide for the endorsement of licensed psychologists in such specialties. The board shall adopt rules and regulations
applicable to the endorsement of specialties which:
(1) Establish categories of specialties within the practice of psychology which are consistent with specialties recognized by
the profession of psychology;
(2) establish education, training and qualifications necessary for endorsement for each category of specialty established by
the board at a level adequate to assure the competent performance by licensed psychologists of the specialty such person is
authorized to perform; and
(3) define each category of specialty established under this section and establish limitations and restrictions on each
category, as appropriate. The definition of each category of specialty established under this paragraph (a)(3) shall be
consistent with the education, training and qualifications required to obtain an endorsement in that category of specialty and
shall be consistent with the protection of the public health and safety.
(b) The board may fix by rule and regulation an application fee for endorsement in a specialty and shall fix a biennial renewal
fee for endorsement in a specialty. The application fee and biennial renewal fee shall not exceed $150. Any such fee shall be
in addition to other fees collected by the board under the licensure of psychologists act of the state of Kansas.
(c) A licensed psychologist holding an endorsement from the board in a specialty within the practice of psychology may
represent to the public that such person is endorsed in such specialty. It shall be unlawful for any person not endorsed in a
specialty within the practice of psychology to intentionally represent to the public that such person is endorsed in such
specialty.
(d)This section shall be part of and supplemental to the licensure of psychologists act of the state of Kansas.
History: L. 1986, ch. 300, § 1; L. 1990, ch. 286, § 5; May 24.
74-5350. Disclosure.
A licensee under the licensure of psychologists act of the state of Kansas, at the beginning of a client-therapist relationship,
shall inform the client of the level of such licensee's training and the title or titles and license or licenses of such licensee. As a
part of such obligation, such licensee shall disclose whether such licensee has a master's degree or a doctoral degree. If such
licensee has a doctoral degree, such licensee shall disclose whether or not such doctoral degree is a doctor of medicine
degree or some other doctoral degree. If such licensee does not have a medical doctor's degree, such licensee shall disclose
that the licensee is not authorized to practice medicine and surgery and is not authorized to prescribe drugs. As a part of such
disclosure, such licensee shall advise the client that certain mental disorders can have medical or biological origins, and that
the client should consult with a physician. Documentation of such disclosures to a client shall be made in the client's record.
History: L. 1999, ch. 117, § 26; July 1, 2000.
Amended July 2007